Introduction

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

Content

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of EYAVA or its suppliers or licensors, including EYAVA Plus Partners (as defined herein), and is protected by copyright, trademark, patent or other proprietary rights and protected by U.S. and international copyright laws. EYAVA and its suppliers and licensors, including EYAVA Plus Partners, expressly reserve all intellectual property rights in all Content.

License and Access

EYAVA grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to EYAVA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

• Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images.
• Download, copy or transmit any Content for the benefit of any other merchant.
• Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by EYAVA or generally publicly available browsers.
• Frame, mirror or use framing techniques on any part of the Site without EYAVA’s express prior written consent.
• Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions.
• Use any meta tags or any other hidden text utilizing EYAVA’s name or marks.
• Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make.
• Use a buying agent to conduct transactions on the Site.
• Conduct fraudulent activities on the Site.
• Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation:

(i) accessing data not intended for you or logging onto a server or an account that you are

(a) not authorized to access or

(b) in the case of a user account, not the registered user of such account

(ii) trying to change the behavior of the Site.

(iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures.

(iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing".

(v) forging any header or any part of the header information in any email or posting; or

(vi) forging communications on behalf of the Site (impersonating the EYAVA Site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not).
• Send unsolicited or unauthorized email on behalf of EYAVA or any EYAVA Plus Partner, including promotions and/or advertising of products or services.
• Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site.
• Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity.
• Harvest or collect personally identifiable information about other users of the Site.
• Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site).
• Use the Site to advertise or offer to sell or buy any goods or services without EYAVA’s express prior written consent.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Your Account

You may be required to register with EYAVA in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only, and you will not share your user name or password with any individual or third party (other than EYAVA). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to EYAVA including those set forth in these Terms & Conditions, EYAVA reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification & Termination

EYAVA may at any time:

(i) modify or discontinue any part of the Site;

(ii) charge, modify or waive fees required to use the Site; or

(iii) offer opportunities to some or all Site users. EYAVA reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively.

EYAVA reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site

(i) if you violate any of these Terms & Conditions,

(ii) for any other reason or

(iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

User Reviews, Comments & Submissions

EYAVA welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow EYAVA to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and EYAVA assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion:

(i) monitor User Content;

(ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or

(iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to EYAVA a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to EYAVA the right to include the name provided along with the User Content submitted by you; provided, however, EYAVA shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as EYAVA the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. EYAVA neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of EYAVA.

EYAVA Loyalty Program

EYAVA Plus is a voluntary loyalty program. By joining or using EYAVA Plus you agree to these EYAVA Plus Terms. EYAVA may update the EYAVA Plus Terms or make any changes to the EYAVA App or to the Site at any time without notice. You agree to any updates to the EYAVA Plus Terms by continuing to participate in the program.

In the EYAVA Plus Terms, these words are defined as follows:

EYAVA Plus is a loyalty program offered by EYAVA Corporation.

EYAVA Plus Terms are these terms that govern the EYAVA Plus program.

EYAVA Plus Earnings are rewards which can be earned by EYAVA Plus members.

Receiving EYAVA Plus Benefits

When you are a EYAVA Plus member, in order to receive, earn and redeem all the EYAVA Plus benefits, you need to provide your first and last name and a valid email address in your EYAVA account. In order to receive birthday rewards, you also need to provide your birthday in your EYAVA Plus account.

When you make a purchase on EYAVA.com or in the EYAVA App, you can identify yourself as a EYAVA Plus member by signing in to your EYAVA account before you place your order.

EYAVA Plus Earnings rewards do not expire as long as you are actively participating in the EYAVA Plus program. EYAVA Plus Earnings rewards will expire if you have not earned or redeemed any EYAVA Plus Earnings rewards for one year. If you do not participate in EYAVA Plus for more than one year, EYAVA reserves the right to expire your EYAVA Plus account without notice to you. EYAVA Plus Earnings rewards will not be reinstated if they expire. 

One EYAVA Plus membership is permitted per guest. Your membership and any EYAVA Plus benefits, including EYAVA Plus Earnings rewards, are non-transferable and are subject to future EYAVA Plus Terms. No EYAVA Plus Earnings rewards can be combined or transferred between EYAVA or EYAVA Plus accounts.

EYAVA Plus may be used only for personal, family and household purposes. You agree that you will not use EYAVA Plus for business or commercial purposes. Resellers are expressly excluded from EYAVA Plus. If you purchase items in violation of these terms, including resale, EYAVA reserves the right to not award EYAVA Plus Earnings.

Additional bonus offer opportunities may be available for some EYAVA Plus members in some or all markets, at the sole and absolute discretion of EYAVA, and will be available through the EYAVA App and EYAVA.com/Plus. The communication about any bonus offer opportunity will include additional terms and conditions, if applicable. Go to EYAVA.com/Plus and sign in to see any offers available to you.

Opting out of EYAVA Plus and forfeiture of EYAVA Plus Benefits.

If you no longer wish to be a EYAVA Plus Member, you can opt out of EYAVA Plus.

If you opt out of EYAVA Plus, any accumulated EYAVA Plus Earnings rewards will be deleted and you may not have access to other EYAVA Plus benefits. If you later re-join EYAVA Plus, any deleted EYAVA Plus Earnings rewards will not be reinstated.

If you or EYAVA delete, suspend or close your EYAVA Plus account or your EYAVA account, any accumulated EYAVA Plus Earnings rewards will be deleted and you may not have access to other EYAVA Plus benefits. Any deleted EYAVA Plus Earnings rewards will not be reinstated. In the event of any abusive or fraudulent activity related to EYAVA Plus, and/or any violation of EYAVA Plus terms, as determined in our sole discretion, EYAVA reserves the right to make any adjustments to your EYAVA Plus account and/or terminate your participation in EYAVA Plus at any time.

If you enroll or participate in EYAVA Plus using an invalid telephone number, such as a toll free number, international telephone number, invalid area code or invalid exchange, EYAVA reserves the right to delete EYAVA Plus Earnings rewards, and any other EYAVA Plus benefit associated with the invalid telephone number. EYAVA will not reinstate any deleted EYAVA Plus Earnings rewards if a valid telephone number is subsequently provided.

EYAVA reserves the right to change, limit, modify or terminate EYAVA Plus, the EYAVA Plus Terms, and/or your membership, for any or no reason, at any time, with or without notice.

100% EYAVA Plus Earnings Reward

As a member of EYAVA Plus, you earn EYAVA Plus Earnings rewards at a rate of 100% of the eligible purchase amount minus the value of any promotions, discounts, coupons and EYAVA Plus Earnings reward redemptions.

EYAVA Plus Earnings rewards can only be redeemed for merchandise or services at EYAVA. EYAVA Plus Earnings rewards have no cash value and cannot be redeemed for cash.

Only purchases made at  EYAVA.com or in the EYAVA App are eligible to earn EYAVA Plus Earnings rewards.

Restrictions may apply to earning EYAVA Plus Earnings rewards.

To redeem on EYAVA.com, apply the EYAVA Plus Earnings reward to your next online order during checkout on EYAVA.com or the EYAVA App.

When you elect to redeem EYAVA Plus Earnings rewards, the entire amount will be applied to your next purchase as a EYAVA discount. You cannot elect to redeem only a portion of your EYAVA Plus Earnings rewards. If your purchase is less than the amount of the EYAVA Plus Earnings rewards you have redeemed, the remaining amount may be unavailable for a second transaction until the first transaction has completed processing.

EYAVA Plus Earnings rewards are applied to the total purchase amount after all other discounts have been applied to the purchase transaction.

If items that earned EYAVA Plus Earnings rewards are returned, the associated EYAVA Plus Earnings rewards may be removed from your EYAVA Plus Earnings rewards balance. If you have already redeemed EYAVA Plus Earnings rewards on the returned items, EYAVA reserves the right to take your EYAVA Plus Earnings rewards to a negative balance (i.e. a balance of less than zero in your EYAVA Plus account). In such event you will not have redeemable EYAVA Plus Earnings rewards until the balance is greater than zero.

Birthday Reward

When you include your birth date in your EYAVA Plus account, on or near your birthday you will receive a birthday reward. The reward can be accessed either in the EYAVA App or on EYAVA.com. The reward will contain the full details on how to redeem the reward, and will include any applicable redemption restrictions and expiration date. Birthday rewards given will vary and are limited to one award per year per EYAVA Plus account.

All descriptions, images, references, features, content, specifications, products and prices described or depicted on EYAVA Plus are subject to change at any time without notice.

Order Pickup and Drive Up

Some products offered on EYAVA.com or the EYAVA App are available for pickup in stores at the Guest Service. Not all items are available for this service. Once your order is ready for pickup, you will be notified. When picking up your order, you will need your mobile phone to present the barcode associated with your order and sign for your order.

For all orders that do not contain any fresh grocery items, EYAVA will hold your items for two days starting from the time that EYAVA sends you the notice that your items are ready for pickup (“Original Time Window”). After two days, if you don’t pick up your order, your order will be canceled and you will be issued a refund for the items for which you were charged. In no event will orders be held for more than two days.

For orders that contain any fresh grocery items, your order will be held until store close of the next business day. If you don’t pick up your order, your order will be canceled and you will be issued a refund for the items for which you were charged. 

EYAVA reserves the right to limit the quantity of items ordered for pickup as well as the days of the year and daily hours that this service is offered.

EYAVA Partner Program (EPP)

EYAVA provides third party companies the opportunity to sell and ship items directly to you through the Site. EYAVA will process your payment for items sold by EYAVA, and EYAVA will handle any payment-related disputes, refunds, credits, and adjustments. EYAVA will be responsible for the fulfillment and shipping of such items. EYAVA is not responsible, nor does it provide any warranties or guarantees, for the products or services that are, or may be, provided by EYAVA Partner Program.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT EYAVA WILL NOT BE LIABLE FOR ANY ACTIONS OF A EYAVA PARTNER PROGRAM OR ANY PRODUCTS OR SERVICES SOLD BY SUCH EYAVA PARTNER.

Items sold by EYAVA Partner Program are not eligible for price match.

User Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to EYAVA the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. EYAVA reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

EYAVA or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Limitations on Quantity

EYAVA does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. EYAVA reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Colors

EYAVA strives to display as accurately as possible the colors of the products shown on the Site; however, EYAVA cannot and does not guarantee that your monitor’s display of any color will be accurate.

Availability, Errors & Inaccuracies

If an item is out of stock, EYAVA, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if EYAVA, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.

EYAVA’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. EYAVA makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services.   EYAVA, reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. 

Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

Returns

If you are not fully satisfied with your purchase of items sold by EYAVA, you may return it in accordance with EYAVA’s Return Policy. EYAVA Partner Program Return Policy is incorporated into these Terms & Conditions in its entirety.

Mobile Terms and Conditions

1. These terms and conditions apply to SMS text messages sent by EYAVA. These messages can be recurring (e.g. EYAVA Plus) or one-time (e.g. in-home delivery, order pickup).

2. You can cancel the SMS service at any time. Just text “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

4. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to EYAVA as part of this service. EYAVA may use this information to contact you and provide services you request from EYAVA. EYAVA may also use this information as described in the subscription list you’ve enrolled in. EYAVA may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy. 

5. For questions about the services EYAVA provides, contact us at (Please provide customer support number)

6. EYAVA will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

8. If you have questions regarding how EYAVA collects, uses, shares, and protects guest information, please read our EYAVA privacy policy.

Miscellaneous
• Mobile Application Users
• Links to Third-Parties’ Websites
• Risk of Loss
• Export Policy
• Financial Disclosure
• DMCA Notice - Notice & Procedure for Making Claims of Copyright Infringement
• Disclaimers of Warranties
• Jurisdictional Issues
• Limitation of Liability
• Indemnification & Defense
• Notices & Electronic Communications
• Arbitration Agreement
• Choice of Law, Forum Selection, & Jury Waiver
• Miscellaneous
• Contact Us

Mobile Application Users

The following provisions apply to users of EYAVA mobile applications (each, an “Application”):

Users of the Apple Application

If you download and/or use our Application(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and EYAVA is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.

Mobile Service, Internet and Service Fees

The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from EYAVA, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.

The Application may not work with all devices or all mobile carriers. EYAVA makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

Links to Third-Parties’ Websites

The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. EYAVA is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, EYAVA strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by EYAVA of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Risk of Loss

Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.

Export Policy

You agree that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

Financial Disclosure

EYAVA does not provide financial information of our business.

DMCA Notice - Notice & Procedure for Making Claims of Copyright Infringement

EYAVA’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide EYAVA’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying EYAVA that your copyrighted material has been infringed. EYAVA does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, EYAVA will respond by either taking down the allegedly infringing content or blocking access to it. EYAVA may contact the notice provider to request additional information. Under the DMCA, EYAVA is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send EYAVA a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

• Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].").
• Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible.
• Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available).
• If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred).
• Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law".
• Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed".
• Be signed and Be sent to our DMCA designated agent at the following address:

email: [email protected]

Disclaimers of Warranties

EYAVA cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY EYAVA ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. EYAVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM EYAVA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, EYAVA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

EYAVA DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.

Jurisdictional Issues

The Site is controlled and operated by EYAVA from the United States, and is not intended to subject EYAVA to the laws or jurisdiction of any state, country or territory other than that of the United States. EYAVA does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EYAVA OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF EYAVA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. 

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND EYAVA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EYAVA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Indemnification & Defense

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless EYAVA and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

Notices & Electronic Communications

Except as explicitly stated otherwise, any notices you send to EYAVA shall be sent by mail to EYAVA.com Guest Services ([email protected]).  In the case of notices EYAVA sends to you, you consent to receive notices and other communications by EYAVA posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that EYAVA provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Arbitration Agreement

Please read this section carefully. Except as the Terms & Conditions otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

Agreement to Binding Arbitration

You and EYAVA agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms & Conditions (the “Arbitration Agreement”).

Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or EYAVA can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or EYAVA may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Jury Trial & Class Action Waiver

Except as the Terms & Conditions otherwise provide, you and EYAVA acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and EYAVA may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.

Governing Law & Arbitration Rules

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Georgia.

The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

Initiating Arbitration

If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to EYAVA.com Guest Services. If EYAVA intends to seek arbitration, EYAVA will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to EYAVA at EYAVA Law Department, and EYAVA will send such copy to the current billing address on your account or to your attorney, if you have retained one.

Fees

For claims of $100,000 (US Dollars) or less, EYAVA will pay all filing, administration, and arbitrator fees (collectively, “Filing Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $100,000 (US Dollars), you will be responsible for the Filing Fees.

Location & Procedure

If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.

Arbitrator’s Decision

The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. EYAVA waives its right to seek attorneys’ fees and costs in arbitration.

Choice of Law, Forum Selection, & Jury Waiver

Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the site and all matters arising out of or related to these Terms & Conditions, will be governed by the applicable laws of the United States of America and the laws of the State of Georgia, without regard to Georgia’s choice of law principles. Unless you and EYAVA agree otherwise, in the event that it is determined or these Terms & Conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Georgia, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Georgia for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Georgia located in Fulton County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and EYAVA both waive your right to a jury trial, unless such waiver is unenforceable.

The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and EYAVA with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contact Us

If you have any concerns about EYAVA or your use of the Site, please contact us with a detailed description, and we will try to resolve it.